M/S SHIVALIKA REALITIES P LTD,INDORE vs. ITO 5(1) , INDORE

In the result of appeals of the assessee for AY 2008-09 and AY 2009-10 vide ITA no

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing Assessment Year: 2008-09 & Assessment Year: 2009-10

153C and was statutorily correct in invoking the provisions of s. 148 of the Act. Thus, the Ground No. 2(b) raised by the appellant for both the years is also Dismissed. 22 M/s. Shivalika Realities Pvt. Ltd. ITA No.95 & 94/Ind/2018 . 20. Ground No. 2(d), 4(a), 4(b) & 4(c) for A.Y. 2008-09 & Ground

PRASAM RAKESH CHOUDHARY,GIRNAR SOCIETY, BAPURAO GALLI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, BHOPAL, AAYKAR BHAWAN

Appeals are allowed for statistical purposes in\nterms mentioned above

sections": [ "153C", "144", "132", "143(2)", "142(1)", "139(1)", "44AD", "68", "153D", "153A" ], "issues": "Whether the ex-parte

PRASAM RAKESH CHOUDHARY,GIRNAR SOCIETY, BAPURAO GALLI vs. THE DEPUTY COMMISSIONER OF INCOME TAX CENTRAL - 1, BHOPAL, AAYKAR BHAWAN

Appeals are allowed for statistical purposes in

Bench: Shri B.M. Biyani & Shri Paresh M. Joshi

153C r.w.s 153A, without there being any incriminating material found during the course of search which belong to Assessee. 4. On the facts and circumstances of the case, the Ld. CIT(A) & Ld. A.O. has erred, both on facts and in law in assessing the income of the assessee at Rs. 63,36,470/- as against income

PRASAM RAKESH CHOUDHARY,GIRNAR SOCIETY, BAPURAO GALLI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL - 1, BHOPAL, AAYKAR BHAWAN, BHOPAL

Appeals are allowed for statistical purposes in

Bench: Shri B.M. Biyani & Shri Paresh M. Joshi

153C r.w.s 153A, without there being any incriminating material found during the course of search which belong to Assessee. 4. On the facts and circumstances of the case, the Ld. CIT(A) & Ld. A.O. has erred, both on facts and in law in assessing the income of the assessee at Rs. 63,36,470/- as against income

PRASAM RAKESH CHOUDHARY ,GIRNAR SOCIETY, ITWARI, NAGPUR vs. THE DEPUTY COMMISSIONER OF INCOME TAX - 1, BHOPAL, AAYKAR BHAWAN, BHOPAL

Appeals are allowed for statistical purposes in

Bench: Shri B.M. Biyani & Shri Paresh M. Joshi

153C r.w.s 153A, without there being any incriminating material found during the course of search which belong to Assessee. 4. On the facts and circumstances of the case, the Ld. CIT(A) & Ld. A.O. has erred, both on facts and in law in assessing the income of the assessee at Rs. 63,36,470/- as against income

PRASAM RAKESH CHOUDHARY,GIRNAR SOCIETY, BAPURAO GALLI vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL -1, BHOPAL, AAYKAR BHAWAN

Appeals are allowed for statistical purposes in

Bench: Shri B.M. Biyani & Shri Paresh M. Joshi

153C r.w.s 153A, without there being any incriminating material found during the course of search which belong to Assessee. 4. On the facts and circumstances of the case, the Ld. CIT(A) & Ld. A.O. has erred, both on facts and in law in assessing the income of the assessee at Rs. 63,36,470/- as against income

SMT. SARLA JAIN,KHANDWA vs. ITO WARD 1 KHANDWA, KHANDWA

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2015-16 Smt. Sarla Jain, Ito, C/O Nakoda Marketing, Ward-1, बनाम/ Bhavani Mata Road, Khandwa Khandwa Vs. (Assessee / Appellant) (Revenue / Respondent) Pan: Abvpj1316J Assessee By Shri Pawan Ved, Advocate Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 31.05.2023 Date Of Pronouncement 24.08.2023

68 by treating LTCG on shares as bogus gain.” 6. We would adjudicate these grounds in seriatim. Ground No. 1: 7. This is a legal ground in which the assessee claims that the assessment is null and void since it has been made u/s 143(3) though it must have been made u/s 153C on the basis of search-material

SWAPNIL RATHI,INDORE vs. DEPUTY COMMISSIONER OF INCOME TAX 2 (1), INDORE

In the result, appeal of assessee is partly allowed for statistical purposes

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Swapnil Rathi, Dcit-2(1) 17Bf, Scheme No.74C, Indore Vs. Vilay Nagar, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Afwpr 6790 K Assessee By Shri Pankaj Shah & Soumya Bumb, Ars Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 24.05.2023 Date Of Pronouncement 19.07.2023

Section 68 amounting to Rs. 74353000 towards unexplained investment based on alleged dumb documents without any corroborating material on record. 2. The learned CIT(A) and AO failed to appreciate that there is no evidence of receipt or investment of impugned amount during the year therefore the addition is purely on guess and assumptions 3. The Appellant prays that

ACIT CENTTRAL -2 INDORE, INDORE vs. M/S KALYAN TOLL INFRASTRUCTURE LTD, INDORE

Accordingly ground no. 2 of the cross objection stands allowed

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year:2013-14 Dcit Central-2, M/S Kalyan Toll Infrastructure Indore Ltd., Indore बनाम/ (Appellant) (Respondent ) Vs. P.A. No.Aacck1840M

section 68 the credits in the books of the assessee, which are ITA No.13 of 2021 and CO 50 of 2021 16 unexplained are deemed to be income of the assessee. Therefore, it has necessarily to follow that such income can be deemed as income only of the year in which such amount is actually received by the assessee

MANISH CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

Bench: Shri Manish Borad& Ms. Madhumita Roy

153C of the Act.” 46. We also note that the co-ordinate bench of ITAT in the case of Shri Vijayrattan Balkrishan Mittal (supra) in similar situation held that, dehorse incriminating Material assessment u/s.153A is not sustainable in the case of unabated assessment. We may gainfully refer to the said decision as under: 44. After hearing both the parties

ASHISH CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

Bench: Shri Manish Borad& Ms. Madhumita Roy

153C of the Act.” 46. We also note that the co-ordinate bench of ITAT in the case of Shri Vijayrattan Balkrishan Mittal (supra) in similar situation held that, dehorse incriminating Material assessment u/s.153A is not sustainable in the case of unabated assessment. We may gainfully refer to the said decision as under: 44. After hearing both the parties

PAWAN KUMAR CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

Bench: Shri Manish Borad& Ms. Madhumita Roy

153C of the Act.” 46. We also note that the co-ordinate bench of ITAT in the case of Shri Vijayrattan Balkrishan Mittal (supra) in similar situation held that, dehorse incriminating Material assessment u/s.153A is not sustainable in the case of unabated assessment. We may gainfully refer to the said decision as under: 44. After hearing both the parties

MANISH CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

Bench: Shri Manish Borad& Ms. Madhumita Roy

153C of the Act.” 46. We also note that the co-ordinate bench of ITAT in the case of Shri Vijayrattan Balkrishan Mittal (supra) in similar situation held that, dehorse incriminating Material assessment u/s.153A is not sustainable in the case of unabated assessment. We may gainfully refer to the said decision as under: 44. After hearing both the parties

THE DCIT1(1), INDORE vs. M/S. AVILABLE FINANCE LTD., INDORE

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Boradassessment Year 2010-11

section 153C. 6.The assessee craves leave to add, alter, modify, substitute and/or withdraw all or any of the grounds of appeal at any stage of the appellate proceedings. Agrawal Transport Corporation (P) Ltd & Ors ITA Nos. 651, C.O.No.35/Ind/2019, 331/Ind/2018 & 895/Ind/2019 M/s Admanum Finance Ltd Assessment Year 2009-10 The assessee has raised following grounds of appeal 4. 1.That

DY. CIT -1(1), INDORE vs. M/S. AGRAWAL TRANSPORT CORPORATION (P) LTD., INDORE

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Boradassessment Year 2010-11

section 153C. 6.The assessee craves leave to add, alter, modify, substitute and/or withdraw all or any of the grounds of appeal at any stage of the appellate proceedings. Agrawal Transport Corporation (P) Ltd & Ors ITA Nos. 651, C.O.No.35/Ind/2019, 331/Ind/2018 & 895/Ind/2019 M/s Admanum Finance Ltd Assessment Year 2009-10 The assessee has raised following grounds of appeal 4. 1.That

M/S AD-MANUM FINANCE LTD.,INDORE vs. THEDCIT 1(1) , INDORE, INDORE

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Boradassessment Year 2010-11

section 153C. 6.The assessee craves leave to add, alter, modify, substitute and/or withdraw all or any of the grounds of appeal at any stage of the appellate proceedings. Agrawal Transport Corporation (P) Ltd & Ors ITA Nos. 651, C.O.No.35/Ind/2019, 331/Ind/2018 & 895/Ind/2019 M/s Admanum Finance Ltd Assessment Year 2009-10 The assessee has raised following grounds of appeal 4. 1.That

DCIT, 3(1), INDORE vs. M/S. KALANI INDUSTRIES PVT. LTD., INDORE

In the result appeals of the revenue & assessee are

Bench: Shri Kul Bharat & Shri Manish Borad

68,500/- on account of unexplained receipt on protective basis without appreciating the facts and evidences brought into light by the AO during the assessment proceedings.” ITANo.1044 & 1045/Ind/2016 for Assessment Year 2012-13(Pankaj Kalani & Dipak Kalani): 1. On the facts and in the circumstances of the case the Ld. CIT(A) has erred in giving relief to the assessee

DCIT, 3(1), INDORE vs. M/S. KALANI INDUSTRIES PVT. LTD., INDORE

In the result appeals of the revenue & assessee are

Bench: Shri Kul Bharat & Shri Manish Borad

68,500/- on account of unexplained receipt on protective basis without appreciating the facts and evidences brought into light by the AO during the assessment proceedings.” ITANo.1044 & 1045/Ind/2016 for Assessment Year 2012-13(Pankaj Kalani & Dipak Kalani): 1. On the facts and in the circumstances of the case the Ld. CIT(A) has erred in giving relief to the assessee